10-01-02 ResultsCity of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, October 1, 2002
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
100 NW 1st Avenue
Delray Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
and the right to limit discussion rests with the Commission. Generally, remarks
by an individual will be limited to three minutes or less. The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items under this
section.
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Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section. The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
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Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the Commission,
citizens may speak on any official agenda item under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the
sheet located on the right side of the dais. If you are not able to do so prior to the
start of the meeting, you may still address the Commission on an appropriate item.
The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for the record. All comments must
be addressed to the Commission as a body and not to individuals. Any person
making impertinent or slanderous remarks or who becomes boisterous while
addressing the Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
The City will furnish auxiliary aids and services to afford an individual with a
disability an opportunity to participate in and enjoy the benefits of a service,
program, or activity conducted by the City. Contact Doug Randolph at 243-
7127, 24 hours prior to the event in order for the City to accommodate your
request. Adaptive listening devices are available for meetings in the
Commission Chambers.
2.
3.
4.
ROLL CALL. (Commissioner Archer arrived at 7:15 p.m.)
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL. (Mayor noted a correction to Item 8.Q.2, Bid Award to various vendors, it
should read "pipe fittings" instead of pipe fillings, a revision to Item 12.C, Ordinance No. 52-02, and
Item 9.B, Appeal of Historic Preservation Board Decision, postponed to a date certain of November 5,
2002 due to a request from the applicant; Approved as amended, 4-0)
APPROVAL OF MINUTES:
September 17, 2002 - Regular Meeting (Approved, 4-0)
PROCLAMATIONS:
Recognizing and Commending Matthew Boyar - Ocean Rescue Division
Recognizing and Commending Mark Henkle - Ocean Rescue Division
Wally "Famous" Amos Day - October 1, 2002
Florida City Government Week - October 20, 2002 - October 26, 2002
Make A Difference Day - October 26, 2002
PRESENTATIONS:
RESOLUTION NO. 78-02: Recognizing and Commending William Dennis
Murray for 30 years of dedicated service to the City of Delray Beach. (Approved, 4-0)
RESOLUTION NO. 79-02: Recognizing and Commending Bill Rego for 30 years
of dedicated service to the City of Delray Beach. (Approved, 4-0)
Delray Beach Cultural Loop - Glen Weiss
News Channel 5 Video (Bad Boys II) - Chuck Elderd, Palm Beach County Film
Commission
Planning and Zoning Department Award
CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 4-0)
A. FINAL SUBDIVISION PLAT APPROVAL/SAN SEBASTIAN: Approve the
subdivision plat for San Sebastian located at the southeast and southwest corners of
N.E. 5~h Avenue (southbound Federal Highway) and N.E. 3~d Street.
ACCEPTANCE OF A RIGHT-OF-WAY DEED/MANAGEMENT SYSTEMS:
Approve and accept a right-of-way deed with Management Systems Development
located at the southwest corner of N.E. 1st Avenue and N.E. 2~d Street, within the Old
School Square Historic Arts District (OSSHAD).
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10-01-2002
SERVICE AUTHORIZATION NO. 3/ECKLER ENGINEERING, INC.:
Approve Service Authorization No. 3 to Eckler Engineering, Inc. for design of the Lift
Station Six (6) Force Main relocation in the amount of $46,000.00. Funding is available
from 442-5178-536-65.75 (Lift Station 6, Force Main Improvement Project).
CHANGE ORDER NO. 2/FINAL PAYMENT/CHAZ EQUIPMENT, INC.:
Approve Change Order No. 2 in the amount of a $12,414.00 decrease, and final
payment in the amount of $9,043.00 to Chaz Equipment, Inc. for N.E. 4~h Street
Widening Project. Funding is available from 334-3162-541-65.19 (General
Consm2ction Fund/NE 4~h Street) and 442-5178-536-65.02 (Water/Sewer/NE 4~h
Street).
CHANGE ORDER NO. 3/FINAL PAYMENT/COLONNA
CONSTRUCTION CO., INC.: Approve Change Order No. 3 in the amount of a
$30,708.45 decrease, and final payment in the amount of $97,170.00 to Colonna
Construction Co., Inc. for Community Improvement Sidewalks Project. Funding is
available from 334-3162-541-63.11 (General Constmction/Bikepaths/Sidewalks), 334-
6111-519-63.89 (Neighborhood Enhancements), and 118-1965-554-63.11 (Community
Development Fund/Bikepaths).
CONTRACT ADDITION/RPM GENERAL CONTRACTORS, INC.:
Approve a Contract Addition (C.O. #2) to the ESD/Police DeparUnent Interior
Modifications Project in the amount of $36,828.99 to RPM General Contractors, Inc.
for the rebuilding of the cupolas at Fire Headquarters to repair termite and water
damage. Funding is available from 334-6112-519-46.10 (Building Maintenance) and
441-5123-536-34.90 (Other Contractual Services).
RESOLUTION NO. 80-02: Approve Resolution No. 80-02 assessing costs for action
necessary to abate nuisances on fourteen (14) properties throughout the City.
WATER SERVICE AGREEMENT/DEVCO PLAZA: Approve the water service
agreement for an unincorporated County parcel, Devco Plaza, a proposed 14,510 square
feet office building, located at the southwest corner of West Atlantic Avenue and
Markland Lane.
INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY: Approve an interlocal agreement between the City of Delray Beach and the
Community Redevelopment Agency (CRA) for planning services in the amount of
$60,000.00.
INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY: Approve an interlocal agreement between the City of Delray Beach and the
Community Redevelopment Agency (CRA) for funding staff support for the West
Atlantic Redevelopment Coalition (WARC) in the amount of $33,350.00.
10-01-2002
CONTRACT EXTENSION/PUBLIC FINANCIAL MANAGEMENT, INC.:
Approve a contract extension between the City of Delray Beach and Public Financial
Management, Inc. as the City's Financial Advisor for a two (2) year term including
termination with or without cause by either party upon thirty (30) days notice of
termination.
CONTRACT/BEAR STERNS: Approve a contract between the City of Delray
Beach and Bear Sterns as the City's underwriter for a term through the closing date of
two (2) proposed refunding issues with payment of service to be negotiated and made at
closing.
EXTENSION OF CONTRACT/BANK OF AMERICA: Approve an extension
of the contract between the City of Delray Beach and Bank of America for banking
services at current pricing through September 30, 2004.
FUNDING AGREEMENT/CHILDREN'S SERVICES COUNCIL: Approve a
funding agreement between the City of Delray Beach and Children's Services Council
(CSC) in the amount of $130,328.00 for the City's out of school program, day camps,
and summer camp programs.
HABITAT FOR HUMANITY AGREEMENT: Approve an agreement between
the City of Delray Beach and Habitat for Humanity for acquisition of three available
lots for homeownership opportunities for low-income residents in a total amount not to
exceed $31,500.00. Funding is available from 118-1924-554-61.10 (Ship Land
Acquisition).
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
September 16, 2002 through September 27, 2002.
AWARD OF BIDS AND CONTRACTS:
Bid award to Reed Landscaping, Inc. for Lake Ida Road irrigation and
landscaping in the amount of $382,845.88. Funding is available from 119-4151-
572-63.20 (Beautification Trust Fund/Landscaping).
Bid award to various vendors for pipe fittings at an annual cost of $166,184.58.
Funding is available from various departmental operating budgets.
Emergency Bid Award to Florida Detroit Diesel Allison for the rebuilding of a
fire truck engine (vehicle #8834) in the amount of $15,666.27. Funding is
available from 501-3311-591-52.52 (Central Garage Fund).
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10-01-2002
REGULAR AGENDA:
A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
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DECISION/DUVALL PLACE: Consider an appeal of a decision of the Site Plan
Review and Appearance Board's action regarding approval of a waiver of the sight
visibility triangle at the intersection of the driveway and the north/south alley for Duvall
Place, located on the west side of S.E. 6~h Avenue (northbound Federal Highway),
approximately 147 feet south of S.E. 1st Street. (Quasi-Judicial Hearing) (Approved,
4-0)
APPEAL OF HISTORIC PRESERVATION BOARD DECISION: Consider an
appeal of a decision of the Historic Preservation Board's action regarding the existing
accessory structure located at 610 North Ocean Boulevard (Fontaine Fox House).
(Quasi-JudiciM Hearing) (Motion to continue as requested by applicant to a date certain
of November 5, 2002; Approved, 4-0)
RECOMMENDATION OF SITE PLAN REVIEW AND APPEARANCE
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BOARD/PANERA BREAD CAFI~: Consideration of an architectural elevation
modification pursuant to Section 4.6.18(B)(13) Land Development Regulations, for the
proposed Panera Bread Caf~ (formerly Red, Hot, and Blue Restaurant) located within
Old Harbor Plaza at the northeast corner of Linton Boulevard and South Federal
Highway. (Approved, 3-0; Commissioner Levinson left dais)
REQUEST FOR IN-LIEU PARKING SPACES/VILLAGE WALK: Consider a
request by Village Walk for the purchase of three (3) in-lieu parking spaces in the
amount of $36,000.00. Village Walk, a proposed ten (10) unit townhome development,
is located on the east side of N.E. 4m Avenue, 153 feet south ofN.E. 1st Street (65 N.E.
4~h Avenue). (Approved, 5-0)
NEW ATLANTIC HIGH SCHOOL/STUDENT CAPACITY: Consider approval
of 2,500 student stations for Atlantic High School allowing the establishment of new
career academics and additional capacity for Delay Beach students. (Approved, 5-0)
CONTRACT AWARD TO CHAZ EQUIPMENT, INC.: Consider approval of a
contract award to Chaz Equipment, Inc. for Sanitary Sewer Manhole Interior
Rehabilitation at an estimated annual cost of $50,000.00. Funding is available from 442-
5178-536-61.84 (Manhole Rehabilitation). (Approved, 4-0; Commissioner Levinson left
dais)
BID AWARD/VARIOUS VENDORS: Consider approval of Bid #2002-29 to
various vendors for the purchase of automotive parts at an annual cost of $60,000.00.
Funding is available from various deparunental operating budgets. (Approved, 4-0;
Commissioner Levinson left dais)
10-01-2002
10.
GRANT REQUEST/ATLANTIC GROVE REDEVELOPMENT PROJECT:
Consider a request for waiver of building permit fees in the amount of $150,000.00
from the Delray Community Development Corporation (CDC) and the Center for
Technology, Enterprise and Development, Inc. (TED Center) regarding the Atlantic
Grove Redevelopment Project. (Consensus of the Commission to allow ample time for staff
to address questions, provide backup material, and hold a special meeting on 10/7/02 at 8:00
a.m.)
PUBLIC HEARINGS:
ORDINANCE NO. 44-02 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending the Land Development Regulations Section
4.4.21(H) and Section 4.3.4(K) "Development Matrix" relating to the open space
requirements for properties zoned CF (Community Facilities) located within the West
Atlantic Avenue Redevelopment Area. (Approved, 3-0; Commissioner Archer had not
arrived and Commissioner Levinson left dais)
ORDINANCE NO. 47-02 (FIRST READING/TRANSMITTAL HEARING
FOR COMPREHENSIVE PLAN AMENDMENT 2002-02): Consider on first
reading an ordinance adopting Comprehensive Plan Amendment 2002-02 and
associated Future Land Use Map (FLUM) amendment, and authorize transmittal to the
State Deparnnent of Community Affairs. Amendment 2002-02 includes: (Approved, 5-
0)
· Modification of the definitions' section of the Public Schools Facilities Element, by
adding numerous new definitions.
Modification of Policy B-2.1 of the Future Land Use Element, regarding
Concurrency, to add specific language with respect to Public School Concurrency
Review.
Modification of Policy A-2.4 of the Future Land Use Element, regarding the
location of the automobile dealerships, to decrease the area which dealerships
should be directed to, as a result of a rezoning which expanded the CBD (Central
Business District).
· Modification of the Inventory and Analysis section of the Coastal Management
Element to reflect the recent completion of the Beach Renourishment Project.
Modification of the Introduction and Summary of Major Features (Planning Area
subsection), Objective B-3 and Policies B-3.1 and B-3.2 of the Future Land Use
Element, regarding the provision of services to land within the planning area.
Privately initiated Future Land Use Map amendment from LD (Low Density
Residential, 0-5 du/ac) to CC (Commercial Core) and rezoning from R-I-AA
(Single Family Residential) to CBD (Commercial Business District) for a parcel of
land located on the north side of S.E. 4m Street, approximately 127 feet east of S.E.
6~h Avenue (northbound Federal Highway) associated with the Meridian Mixed-Use
Development.
10-01-2002
11.
12.
ORDINANCE NO. 45-02 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending the Land Development Regulations Section
4.3.2 "Prohibited Uses" and Section 4.3.3(DD) to provide for the prohibition of the sale
of drug paraphernalia and the operation of drug paraphernalia businesses. (Approved, 5-
0)
ORDINANCE NO. 46-02: An ordinance amending Chapter 33, "Police and Fire
Departments" Sections 33.20 - 33.67, of the City Code of Ordinances to change the
term "Fire Department" to "Fire-Rescue" Department to accurately reflect work
performed. (Approved, 5-0)
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS
PUBLIC - IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
FROM THE
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
FIRST READINGS:
ORDINANCE NO. 42-02: An ordinance amending Chapter 2, "Administrative
Provisions", Article 2.4 "General Provisions" Section 2.4.3(K)(2) "Plan Check Fees",
and Section 2.4.3(K)(3) "Permit Fees", of the Land Development Regulations to
provide for an increase. If passed, a public hearing will be scheduled for October 15,
2002. (Approved, 5-0)
ORDINANCE NO. 51-02: An ordinance modifying the Special Activities District
(SAD) ordinance and Silver Terrace Redevelopment Plan to allow Single Family
detached dwellings on lots lying within Blocks 2 and 3 of the Silver Terrace Subdivision
fronting on Dixie Highway (except corner lots) to take access from Dixie Highway. If
passed, a public hearing will be scheduled for October 15, 2002. (Approved, 4-1;
Commissioner Archer dissenting)
ORDINANCE NO. 52-02: An ordinance rezoning from R-l-AA (Single Family
Residential) to CBD (Central Business District) for a parcel of land located on the north
side of S.E. 4th Street, approximately 127 feet east of S.E. 6th Avenue (northbound
Federal Highway) associated with the Meridian Mixed-Use Development. If passed, a
public hearing will be scheduled for October 15, 2002. (Approved, 4-0; Commissioner
McCarthy left dais)
ORDINANCE NO. 49-02: An ordinance rezoning from County AR (Agricultural
Residential) in part, CG (General Commercial) in part, and RTU (Residential
Transitional Urban) to City PRD (Planned Residential Development) in part and PC
(Planned Commercial) in part for eleven parcels of land (54.5 acres) located north of
Lake Ida Road, between Barwick Road and Military Trail. If passed, a public hearing
will be scheduled for October 15, 2002. (Approved, 5-0)
10-01-2002
13.
ORDINANCE NO. 50-02: An ordinance rezoning from County PUD (Planned Unit
Development) to City PRD (Planned Residential Development) for a 34.6 acre parcel,
the Winterplace Subdivision (now known as the Colony at Delray Beach), located at the
southeast corner of Military Trail and the L-30 Canal. If passed, a public hearing will be
scheduled for October 15, 2002. (Approved, 5-0)
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
*******Meeting adjourned at 9;15 p.m. ******
POSTED: SEPTEMBER 27, 2002
10-01-2002